Partition filed by aunt on property on my mother's name

Querist : Anonymous (Querist) 22 April 2022 This query is : Resolved
Property was purchased by my grandfather by his self earned money on her daughter's name(who is my mother . She is married and age 17) in 1985 and was kept by the grandfather for work. In 2008 grandfather passed away and the son of the grandfather forcefully took possession until 2011 when notice was served to him by my mother. A family deed settlement was made between my mother and her brother that mentions property was purchased by grandfather on mothers name with his own money which is being handed over to her and she shall have no other claim on any property on her father's name which was signed by my mother.
Now my mother has been served notice by her sister demanding share in that property that was purchased on her name in 1985 by my grandfather using his own earned money and showing family deed settlement between my mother and her brother as proof. The sister(my aunt) demanding share and has filed for injunction. What to do? She says as the property was purchased by grandfather with his own money she should get equal share

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kavksatyanarayana (Expert) 22 April 2022
Whether your mother is minor or major at the time of purchasing the property by your grandfather in your mother's name as you stated that she was married at the age of 17. And when your mother and her brother made a settlement deed, then why did they both ignore their sister (your maternal aunt)? The facts posted requires some clarity.

Querist : Anonymous (Querist) 22 April 2022
Hello Sir
My grandfather had a total of 6 children (5 daughter and 1 son)
The settlement deed was made between my mother and her brother because after he handed over the property that was registered on my mother's name to my mother he wanted to be sure that my mother won't claim other properties of my grandfather mentioned in the settlement deed. So he made a deed of settlement with her stating that this property was purchased by my grandfather from his self earned money which is being given to her and now she won't have any other claim on any other property belonging to my grandfather on which she obliged.

kavksatyanarayana (Expert) 23 April 2022
Then your mother might have relinquished her rights over the property in favour of all other legal heirs and as per your statements the deed is not a settlement deed. Consult a local lawyer with the documents/papers you have.

Advocate Bhartesh goyal (Expert) 24 April 2022
Show all the papers to a prudent lawyer who after go through the documents will suggest you further action.

krishna mohan (Expert) 26 April 2022
If the property is under your possession you continue to enjoy on the basis of family settlement. Is transfer effected in revenue records. If not explore possibility of settlement deed addressing all properties with due mention of this in your mother's name duly registered so that no further dispute are arisen.

K Rajasekharan (Expert) 26 April 2022
The property in question is your mother’s absolute property since 1985 even if it was purchased with your grandfather’s money during his lifetime. No one else, including your mother’s sister, has any claim right on it.

The deed of agreement/settlement signed by your mother with her brother cannot be considered neither a deed of family settlement or a relinquishing deed as it is between only two parties in a family.

It seems they cannot make use of it for any purpose other than showing that the money for purchasing the property in question belonged to your grandfather. Such a fact is not a material one when considering the devolution of the intestate property of your grandfather. It is the succession law that guides in the devolution of the property that he left over on the day of his death.

It seems your mother can claim a share in the property left over by your grandfather, as well. Anyway, the case of your mother’s sister has no much significance.

P. Venu (Expert) 28 April 2022
Had your grandfather made any settlement deed? In the absence of any such settlement, how could your brother be the owner of all the grandfather's property? It appears that you have not posted the complete facts.

Querist : Anonymous (Querist) 29 July 2022
Thank you everyone for posting reply specially Shri Adv K Rajasekharan
The case is ongoing and the judge has passed a status quo order yesterday on the said property. We are very tensed
The counter party lawyer is saying to the judge that my mother has accepted in the so called settlement deed that this property was her father's self acquired property and was inherited to her by her father after his death and she will not demand any more property ...this deed excludes all other siblings and as such all siblings have right over the property. And not just her.
They claim that the said property was purchased by grandfathers money and accepted by my mother in the settlement deed and as such should be distributed amongst all heirs

No Sir my grandfather did not make any settlement deed . This claimed settlement of deed was made between my mother(2nd party) and the first party are his brother and grandmother...(her mother)
After my mother took possession of the said property in her name her brother and grandmother feared that she will ask for more so they made this deed in which she accepts that this was given to her in inheritance and she will not claim for any more property
Brother is not the owner of all property.. a lot of property are registered on my grandmother's name his other daughters name etc
My lawyer said to the judge that distribution should be done on property that is on grandfathers name and not on personal property in my mother's name although tax bill corporation mutation and all documents are on her name since 1985 . Still judge passed this status quo.
Their lawyers are confident that they will win this case. They claim that property purchased by father on daughters name are father's property because it's his money and so and so....

P. Venu (Expert) 30 July 2022
Ideally, your mother should file a civil action for invalidating the so-called deed executed with her brother and mother being void or voidable; the deed appears to be sham. And simultaneously seek her share in the property left intestate by her late father.

Querist : Anonymous (Querist) 31 July 2022
Respected sir are we able to cancel unregistered deed?
And if yes won't the court object?

P. Venu (Expert) 01 August 2022
Unregistered sale deed! So far, you have not mentioned of any unregistered sale deed. It appears that you are playing hide and seek with the facts!
Is this a real issue or a mere story? If a real issue, what prevents you in making a complete disclosure of the facts in simple language?

Querist : Anonymous (Querist) 01 August 2022
Respected sir
I am talking about the deed of family settlement which you mentioned above that should file a civil action for invalidating.
On that I have said that this deed of settlement is unregistered so how to cancel it
Nowhere I said it is unregistered sale deed.
Anyway thank you

Partition filed by aunt on property on my mother's name

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